Advise on dates for Applying for ILR via Tier 1 general

[nut_cracker18]

Hi All,

I got Tier 1 general on 16th of May 2011 for 2 years( expiring 16th may 2013)

To get the extension i used the in person appointment option. My appointment was on the 26th of April 2013
I got the extension letter same day but the unusual thing that happened was that instead of extending my visa for 3 years starting from expiry of my initial visa(16 May 2013),The case worker extended visa from appointment date of (26 april 2013).

Now the situation is that my visa expire on 26th april 2016. I know that we can apply upto 28 days before our visa expires
I also know that in order to be elligibe for ILR through Tier 1 general category the applicant must have spent 5 years in that category

Now my question is if I apply say on 01 april 2016 (which is within the 28 days of my current visa expiry ) for ILR
Could it be objected on the basis that my 5 year period started on 16th may 2011 and on that basis my 5 years have not yet completed.

I am quite confused as i am planning to apply in person to get ILR on same day

Please advise

Regards
G Raza

[vinny]

It's 28 days before the completion of the qualifying period, not 28 days before your leave expires.

You may apply for ILR between Monday, 18 April 2016 and 25 April 2016 (preferably before your leave expires).

[nut_cracker18]

Hi All,

A bit of a background

I got Tier 1 general visa on 16th of May 2011.

My current visa in same category expires on 26th april 2016.

To qualify for ILR i have to spend 5 years in this category

So my qualifying date for ILR is going to be 18th April 2016 ( just 8 days before my current visa expires )

My wife got tier 1 general dependent visa on 14th feb 2014
Her visa expires on the same date as mine (26th april 2016)
She only came in the country on 29th may 2014 ( after more than 3 months of visa stamoing due to family reasons )

My first question is that ''does she qualify for ILR at the same time as i will do '''?

or will she have to complete 5 years in this country ?

If the answer is YES then its all sorted
However if the answer is NO then
My next question is, what would be the best approach for applying the visa's ?

My current plan is to get same day in person appointment for ILR on 18th April 2016( for myself only )
I will hopefully get the ILR same day and then apply for wife as dependent of a settled person via FLR(M).

Please advise on this matter so that my head gets cleared

Another question is regarding my son who was born this year in March 2015 in UK
I have not applied for his dependent visa as yet as we have no plans of travelling outside UK until next year

My understaning is this that Once i get ILR my son would be able to naturalise as one of the parents will have indefinite leave to remain

Please clarify If i am wrong anywhere

Many thanks in advance

Regards
G R

[vinny]

If you are granted ILR as a PBS migrant, then your wife may extend as a PBS dependant shorty prior to expiry of leave. Her 5 year qualifying period for SET(O) as a PBS dependant started when she initially entered on her 2014 entry clearance.

If she switches to FLR(M), then her qualifying period for SET(M) will be reset.

UK-born child will be directly entitled to register immediately after a parent is granted ILR.

[nut_cracker18]

Thanks a lot vinny for the prompt reply.

I am surprised to hear that if she switches to dependent of a settled person her residential period would be reset.

Could you please explain how she can apply as PBS dependent
Assuming i will get ILR on 18th April 2016 , is it not that she can only apply under FLR(m)

Please explain how can she still apply under PBS dependent when main applicant would have already settled on 18th april

Also if she applies how long would she get visa under PBS dependent category and will that be enough in this particular case to then qualify at the end of that visa?

please shed some light

[vinny]

may

Please click on any given links for further information.

[vinny]

Also if she applies how long would she get visa under PBS dependent category

3 years.

[nut_cracker18]

thanks vinny you are a star!!

just a final question

what if even after that 3 year visa she is still short of her 5 years qualifying period would she be able to apply again in same category?


I am saying this cause she entered Uk on 29th may 2014, Although she was granted via on 14 feb 2014 but she came more than 90 days after visa issue date so her 5 years starts when she entered uk


Please confirm this

Regards
GR

[vinny]

what if even after that 3 year visa she is still short of her 5 years qualifying period would she be able to apply again in same category?

Yes.

[nut_cracker18]

Thanks vinny for all your help

Could you please send the link to appropriate
1) visa form
and
2)guidance notes
for my spouse ( dependent of pbs migrant )

Thanks in advance!!

[CR001]

PBS Dependent Form (Click)

PBS Dependent Policy Guidance Notes (Click)

[nut_cracker18]

Hi all,

I need some help for filling up form form for my Spouse's PBS Dependent visa

Will be using the Application for a Grant of Leave and
Biometric Immigration Document as a
Tier 1, 2 o r 5 Dependant version 08/2015

Assuming that i will be on ILR by the time my spouse will apply for extension.

In the Maintenance section (M)

In question M5: ''Under which category of the Points Based System has the main applicant applied?''

In the long list of options for this section there is no option of ILR

What are we supposed to select please help

Advise will be much appreciated

Thanks in advance

[nut_cracker18]

Hi Vinny/CR001

I need some help for filling up form form for my Spouse's PBS Dependent visa

I be using the Application for a Grant of Leave and
Biometric Immigration Document as a
Tier 1, 2 o r 5 Dependent version 08/2015

Assuming that i will be on ILR by the time my spouse will apply for extension.

In the Maintenance section (M) of the form

In question M5: ''Under which category of the Points Based System has the main applicant applied?''

In the long list of options for this section there is no option of ILR

What are we supposed to select please help

Advise will be much appreciated

Thanks in advance

[vinny]

I believe they are referring to the category when you last applied/held leave as a PBS migrant. In your case, Tier 1 (General).

[nut_cracker18]

thanks a lot for your help!!!

Regards

[nut_cracker18]

Hi All,

I need to apply to extend my Wife's leave to remain under dependent of PBS migrant category

In the form it asks for the residential status

I own a leasehold flat ( landlord)

What supporting documents would i need to support this please

When she applied for this category from outside UK initially I had to give the tenancy agreement

i was renting a room at that point

But this time obviously is a different scenario

Please can i get to know exact document/letter if I have to get arranged etc

Thanks in advance
Regards



But thi

[nut_cracker18]

Can any of the advisers please advise

I would really appreciate it

Thanks

[CR001]

Can you reference the question number in the form? I have just been through the PBS Dependent form and can't find what you are referring to.

[nut_cracker18]

Hi There,

I am so sorry i got it wrong

its for my settlement application in the form SET (O) FOR SECTION 5 ( Your home and finances)

question number 1

Section 5 - Your home and finances
You are not required to complete this section if you are applying in the bereaved partner
categories.
5.1 Is your home in the UK:
Owned by you? Rented from a local authority or housing
association by you?
Privately rented by you? Owned or rented by a relative or friend?
Other? Give details below
5.2 Do you or your partner, or both, pay
any rent or mortgage for your home?
Yes No If so, how much do you pay?


Please advise

Regards



pay each month?
£
5.3 Are you working in the UK? Yes No If so, what is your pay
each month after income

[nut_cracker18]

can someone pleasee reply

[vinny]

You should know the answers to these questions better than anyone else on this forum!

Say you own the leasehold. Include proof from the land registry, etc.

[nut_cracker18]

Hi all moderators

I have an urgent question please reply as soon as possible as I have to post the application tomorrow morning

I got my ILR 5 days ago and now i need to extend my wife visa for another 3 years as Tier 1 dependent

My question is : Do I need to send my Original Passport & ILR card as part of the application or just the photocopies will be enough

When i initially applied it while she came to UK, I only had to submit the copy of my passport and BRP

Prompt reply by moderators will be much appreciated

Regards

Raza

[nut_cracker18]

Hi Vinny/Cr001

Please advise I need to post application today

Regards
Raza